RAM PRAKASH Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 30.04.1982 passed by 7th Additional Sessions Judge, Sitapur in Sessions Trial No. 328 of 1981, whereby and whereunder the appellants have been convicted under Sections 302/34 and 307/34 of the Indian Penal Code and sentenced to undergo imprisonment for life for the offence under Section 302/34 of the Indian Penal Code. Both the appellants were also sentenced to undergo rigorous imprisonment for ten years for the offence under Section 307/34 of the Indian Penal Code.

(2.) The case of prosecution, as per the written report of Jhau Lal (P.W. 1) dated 08.03.1981 is that on 08.03.1981 at about 07.00 P.M. in the evening Madari (deceased) came to his house and after smoking bidi, he proceeded to his house. It is further stated that after 5-6 minutes of his departure, he heard sound of hue and cry coming from the house of Ram Prakash and Ram Chandra (appellants). It is stated that he ran towards the house of appellants, flashing his torch and saw that appellants were assaulting Madari and Lilawati (mother of appellants) by banka. It is stated that Peetam Gadedia (P.W. 2), Lallu Kurmi, Ram Vilas Pradhan (P.W. 3) also arrived there and they were also flashing their torch. It is stated that when all the persons raised alarm and exhorted, the appellants fled away. It is stated that after receiving injury, Madari fell on the cot and died, whereas the mother of appellants also received several injuries on her body. It is stated that a lamp was burning in the Tarwaha (Veranda) of appellants, where the occurrence took place. It is stated that appellant's mother had illicit relation with Madari and because of that the appellants had committed the present crime.

(3.) It appears that on the basis of aforesaid written report, first information report was lodged at about 11.00 P.M. on 08.03.1981 and thereafter the case crime No. 109 under Section 302 and 307 of the Indian Penal Code was instituted against the appellants and police took up investigation. It appears that during the investigation, the Investigating Officer recorded the statement of Lilawati (P.W. 4) and sent her to the hospital, for treatment. In the hospital, her injuries were examined by Dr. Dhirendra Goyal (P.W. 5), who issued injury report (Exhibit ka-3). It further appears that the Investigating Officer recorded statement of other witnesses. It then appears that the inquest report of the deceased was prepared on the next day i.e. 09.03.1981 at 07.07 A.M. Thereafter the dead body of the deceased was sent to hospital along with other police papers, for post-mortem examination. It further appears that Dr. Om Prakash (P.W. 9), conducted autopsy on the dead body of deceased and prepared post-mortem report (Exhibit ka-21). After completing the investigation, the Investigating Officer submitted charge-sheet under Section 302/34 and 307/34 of the Indian Penal Code.